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(영문) 의정부지방법원 2014.11.21 2014고단877

부정수표단속법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 18, 2013, the Defendant entered into a check contract with one bank's in the name of the Defendant, and has traded the check number per unit.

around July 20, 2013, the Defendant issued one check number D, and one check number per bank under the name of the Defendant as of October 27, 2013 at C offices operated by the Defendant in Namyang-si, Namyang-si, and issued one check number per bank under the name of the Defendant as of October 27, 2013, and the said check number is within the time limit for presentment for payment.

9. 27. 27. The check was presented to the above bank, but the check was not paid as a disposition of suspension of transaction, and the check was issued in 24,750,000 won as stated in Nos. 1 and 3 of the List of Crimes, and the check was presented to the above bank within the period of presentment of payment, which is the holder of the check, but the check was presented to pay the check within the period of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the crime;

1. Selection of each sentence of a fine (i.e., confession and reflect; that considerable check has been recovered for recovery of check; and that remaining unpaid check amount, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant issued each amount equivalent to KRW 96,750,00 in the sum of four copies of the check, as described in the attached list of crimes committed against the Defendant, as set out in the attached list of crimes committed against the Defendant, and presented the payment within the payment presentation period, but did not pay each amount as a disposition of suspension of transaction.

2. The facts charged in this part of the judgment are crimes falling under Article 2(2) and (1) of the Illegal Check Control Act, and where the check is recovered pursuant to Article 2(4) of the same Act, it cannot be prosecuted. Since the defendant recovered the above check after prosecution, Article 327 subparag. 6 of the Criminal Procedure Act is concerned.